CDH Awareness Trademark and Summit with BoH

[Dawn Torrence Ireland]

Several weeks ago, CHERUBS put out an olive branch to try to end the turmoil surround the trademark on CDH Awareness and all the ensuing drama, slander and juvenile behavior that has plagued our community so that we can all move forward and focus all of our time, efforts and resources towards helping families affected by Congenital Diaphragmatic Hernia.

CHERUBS is very disappointed to report that the trademark settlement / peace conference / CDH summit will not take place.

Breath of Hope, Inc has decided that they will not attend any meetings to discuss the trademark and other issues. They do not want to work together and do not wish to discuss any common goals to work positively for the CDH community and that they still want to retain the trademark.

This is the last of several attempts that CHERUBS has made to try to bring peace to the CDH community and to protect all CDH families right to raise awareness. Every attempt has been denied.

As a goodwill gesture, we have offered not to contest their trademark on Congenital Diaphragmatic Hernia Awareness Day and let Breath of Hope have their day and their proclamation without our CDH parents participating at all to avoid more drama, threats and attacks. Even though that trademark and the proclamations are being used in their argument that only Breath of Hope should be able to use the phrase Congenital Diaphragmatic Hernia Awareness. We simply as that the trademark on Congenital Diaphragmatic Hernia Awareness be removed and all charities, groups, researchers and families be free to raise CDH awareness in peace. Elizabeth Doyle-Propst is not open to any negotiating.

This is very disappointing because it is in the entire CDH community's best interests for all CDH groups to work together for the common good. We extend our apologies and regrets to all those affected by this trademark and this drama. We tried but we have failed to put an end to this nonsense.

We have already had several complaints and issues filed against us again in the past few weeks in regard to our volunteers using the phrase "Congenital Diaphragmatic Hernia Awareness" without permission of Breath of Hope, Inc. We also received an "anonymous" threat that we will be reported to the IRS if we try to lobby a Congressional Bill against the trademark - a threat that seems is not empty.

Also in the past few weeks, an inaccurate blog posting that "CHERUBS is suing" Breath of Hope was posted by that group. This is not true and is a twist of facts. Breath of Hope, Inc filed to own a trademark on "Congenital Diaphragmatic Hernia Awareness" and then began to subject CHERUBS to various company complaints, federal complaints, state complaints, etc.

We have no choice but to continue the fight against the trademark on "Congential Diaphragmatic Hernia Awareness" to protect our organization and the entire CDH community. We will also continue to work on the Congressional Bill to help protect all causes from this type of corporate greed.

I'm sorry, everyone. We tried. :(

[Dawn Torrence Ireland]

Some good news....

The USPTO office has denied the attempt to stop the cancelling hearing. Breath of Hope sought to stop our petition to cancel the trademark on "Congenital Diaphragmatic Hernia Awareness". The courts found in favor of CHERUBS and the trial will continue. You can read the (public) letter stating how the USPTO itself repeatedly corrected BOH's stand on this matter at

http://ttabvue.uspto.gov/ttabvue/ttabvue-92050284-CAN-103.pdf

You can also see how the United States Patent and Trademark Office - a federal agency - states that Breath of Hope, Inc has indeed used this trademark to threaten to sue CHERUBS and cause harm to others.

This is a small victory in the fight against this trademark on CDH Awareness! It is however, a big step towards a positive outcome as it is now very clear that the USPTO now understands that CDH is a health condition - which should in turn make it easy to rule that Congenital Diaphragmatic Hernia Awareness is a common phrase.

With our pro bono attorneys, CHERUBS will continue until this trademark is removed and all CDH families and groups can raise awareness freely. With a new court schedule, this could take up to an additional 2 years. But we feel that the rights of these babies and families are more important than our own convenience and as the world's largest CDH charity, it is our ethical responsibility to protect CDH awareness so that CDH research is not hindered by corporate trademarks.

It is indeed a sad journey for CDH charities to have to take and we once again, hope that Breath of Hope, Inc will reconsider it's actions and do what's best for the entire CDH community and drop this trademark.

You can read all the trademark paperwork at

http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2

Feel free to forward this message to other CDH parents, family, friends, researchers, media, etc who may want to sign the petition or raise awareness on the trademark on CDH awareness.

http://www.ipetitions.com/petition/cdhawareness/

[Chris and TracyMeats]

Praying that this a big step to a positive outcome!